Attempted Murder Over a Parking Dispute – Your Legal Rights in India

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: A violent attack in a residential parking dispute where a heavy object was thrown from a height is a serious crime. The FIR must be for attempted murder or grievous hurt. If police delay arrest, your advocate can approach the Magistrate or file a private complaint. Do not withdraw the FIR under threats—stay firm and follow the legal process.

This is a frightening situation. A client came to us after their father was nearly killed. A neighbor deliberately threw a heavy plant pot from the third floor onto his head. The victim collapsed with a severe head injury. The FIR was first registered under Section 110 of the BNS (Attempt to Commit Culpable Homicide). But the police did not arrest anyone. The accused and their family began threatening the victim's family. They demanded the FIR be withdrawn. They warned of abduction and false counter-cases. The client's earlier efforts with the local police station had failed. That's when they approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office immediately reviewed all evidence—CCTV footage, the MLC report, and the FIR. They argued that the act squarely fell under Section 109 of the BNS (Attempt to Murder), not just culpable homicide. The difference is critical. Attempt to murder is a more serious offence. It triggers mandatory arrest in certain cases. Advocate Sudhir Rao's deep expertise in criminal law—specifically in violent offence cases—helped convince the Magistrate. An application was filed for police to arrest the accused. The court issued a production warrant. The tide turned.

Key Facts of the Case

• The attack occurred on 14 August 2025 in a residential apartment in Indore, Madhya Pradesh.
• A heavy plant pot was thrown from the third floor directly aiming at the victim's head.
• The victim suffered a grievous head injury and required emergency neurosurgery.
• The FIR was initially registered under BNS Section 110 (Attempt to Commit Culpable Homicide).
• CCTV footage clearly captured the accused's action; multiple witnesses corroborated the incident.
• Police refusal to arrest the accused despite clear evidence led to legal intervention.
• The client approached the office of Advocate Sudhir Rao after the local police station showed no progress.
• The court was persuaded to reclassify the FIR under BNS Section 109 (Attempt to Murder), which is a more serious, non-bailable offence.

The Direct Legal Answer

Several questions arise from this situation. Let's address them directly.

Can the police refuse to arrest someone in such a case?

No, not when a clear, serious, cognizable offence is disclosed. Section 109 of BNS (Attempt to Murder) is non-bailable and cognizable. The police are duty-bound to arrest. If they don't, you can approach the jurisdictional Magistrate under Section 175(3) of BNSS for a complaint case or seek a Writ of Mandamus in the High Court.

Should we withdraw the FIR under threat?

Absolutely not. Withdrawing an FIR under duress is a crime in itself—it can amount to criminal intimidation. Do not succumb. Instead, file an application for police protection and document all threats. The court will take a very dim view of such threats.

What if the accused file false counter-cases?

This is a common tactic. Your advocate will file a complaint of criminal intimidation and also approach the court to restrain them. False counter-cases can be quashed under Section 528 of BNSS if they are frivolous and malicious.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Preserve all evidence. Keep CCTV footage safe, get multiple copies. Preserve medical records. Take photographs of the scene. Note down exact timings and statements from witnesses.

Do not engage with the accused. No verbal fights. No social media posts exposing their faces or names. Let your lawyer handle all communication. Any statement you make can be twisted against you.

This type of violent personal offence requires a criminal lawyer who regularly handles serious assault and attempted murder cases. General practitioners may miss the nuances: proper FIR section choice, bail opposition strategy, and how to get a reluctant police officer to act.

Applicable Sections of Law

• Section 109 BNS (Attempt to Murder): The primary offence. The act of throwing a heavy pot from height with intent to kill comes squarely under this section.
• Section 110 BNS (Attempt to Commit Culpable Homicide): A lesser charge. The police initially chose this, but it was corrected.
• Section 118 BNS (Causing Grievous Hurt by Dangerous Means): An alternative or additional charge if the attempt to murder charge is not sustained.
• Section 173(4) BNSS (Complaint before Magistrate): The remedy when the police refuse to act on a cognizable offence.
• Section 528 BNSS (Quashing of Proceedings): Inherent power of the High Court to quash false or malicious FIRs.

Punishment and Penalties

• Section 109 BNS (Attempt to Murder): Imprisonment for life, or up to 10 years, and fine. Non-bailable, cognizable, non-compoundable.
• Section 110 BNS (Attempt to Commit Culpable Homicide): Imprisonment up to 7 years, or fine, or both. Bailable, cognizable, compoundable (with court permission).
• Section 118 BNS (Grievous Hurt by Dangerous Means): Imprisonment up to 10 years and fine. Cognizable, non-bailable.
• Fine range: Varies by section and judicial discretion—typically between Rs. 5,000 to Rs. 50,000 or more.

Jurisdiction — Where to File the Case

In criminal matters, the jurisdiction lies with the police station within whose territorial limits the offence occurred. Here, that is the police station covering the Indore residential area. The Magistrate's Court (Judicial Magistrate First Class) in Indore will take cognizance of the case after the chargesheet is filed. For complaints against police inaction, the same Magistrate's court has jurisdiction under Section 175(3) BNSS. If the police inaction is persistent, you may file a Writ Petition in the Madhya Pradesh High Court (bench at Indore). Jurisdiction is crucial—filing in the wrong court can waste weeks or months.

What if Police Refuse to File FIR?

This is a common hurdle. If the police refuse to register an FIR for a cognizable offence like attempt to murder, here is what you do:

• Step 1: Approach the Superintendent of Police (SP) or Commissioner of Police under Section 173(4) BNSS with a written complaint. They can direct the SHO to register the FIR.
• Step 2: File a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order the police to investigate.
• Step 3: As a last resort, file a Writ of Mandamus in the High Court under Article 226 of the Constitution, seeking a direction to register the FIR.
• Step 4: Document every refusal in writing. Keep copies of your complaints. This strengthens your case before the court.

Rights of the Accused

It is important to know the rights of the accused in such cases, because they may try to misuse them, but also because you need to anticipate their legal strategy.

• Right against self-incrimination: Under Article 20(3) of the Constitution, the accused cannot be forced to be a witness against themselves.
• Right to legal representation: Under Article 22(1), the accused has the right to consult and be defended by a lawyer of their choice.
• Right to be produced before a Magistrate: Under Section 128 BNSS, an arrested person must be produced before a Magistrate within 24 hours of arrest.
• Right to know grounds of arrest: Under Article 22(1), the accused must be informed of the grounds of arrest as soon as possible.
• Right to bail: In bailable offences, bail is a matter of right. In non-bailable offences, it is at the court's discretion.

Bail Provisions

For an offence under Section 109 BNS (Attempt to Murder), the offence is non-bailable. This means bail is not a right; it is a discretion of the court. The accused will have to file a regular bail application under Section 480 or 483 of BNSS before the Sessions Court or High Court. Anticipatory bail under Section 482 BNSS is also available, but courts are usually reluctant to grant it in cases where a deadly weapon or a dangerous act (like throwing a pot from height) is involved. The prosecution will strongly oppose bail, arguing that the accused is a flight risk or may tamper with evidence. In your case, your advocate will argue for a strong bail opposition, highlighting the gravity of the injury and the CCTV evidence.

Quashing of FIR / Case

The accused may try to quash the FIR by filing a petition under Section 528 BNSS in the High Court. Grounds for quashing include that no prima facie offence is made out, that the FIR is an abuse of process of law, or that the offence is compoundable and the parties have settled. However, in a case of attempted murder, quashing is very unlikely. The High Court rarely quashes a FIR that discloses a serious offence supported by clear evidence like CCTV footage and medical reports. You and your advocate should be prepared to file a strong counter-affidavit opposing any quashing petition.

If You Are the Victim

• Do not withdraw the FIR under any threat. This can weaken the case and lead to criminal intimidation charges against you if you later backtrack.
• File a complaint for police protection. If the accused are threatening you, file a separate complaint under Section 308 BNS (Criminal Intimidation).
• Document all threats. Record conversations (if legally allowed), save messages, and note down dates and times. This becomes evidence.
• Cooperate with the investigation fully. Provide the CCTV footage, MLC reports, and witness statements without delay.
• Hire a criminal law specialist. This case involves serious charges, bail hearings, and possibly trial. A specialist can make the difference between conviction and acquittal.

Documents You Must Keep Ready

• Identity proof of the victim (Aadhaar, PAN, Voter ID)
• Medical records (MLC report, discharge summary, doctor's notes, prescription bills)
• CCTV footage (original and multiple backup copies)
• Photographs of the scene, the pot, the injury, the blood pool
• Witness statements (written and signed by neighbours or onlookers)
• Copy of the FIR (with all pages)
• Threat letters or messages (screenshots, call recordings)
• Any correspondence with the police (complaints, emails, acknowledgements)

What Evidence Is Required?

• Primary evidence: The CCTV footage showing the accused throwing the pot. This is the best evidence.
• Medical evidence: The MLC and discharge summary confirming the nature of the injury—grievous hurt.
• Testimonial evidence: Eyewitnesses who saw the incident or heard the quarrel.
• Documentary evidence: The FIR, police reports, and any threat communications.
• Expert evidence (if needed): A neurosurgeon's opinion on the potential fatality of the injury.
• Secondary evidence: Photographs of the pot, the location, and the victim's condition.

How the Police Behave in Such Cases

Police behaviour varies. In serious, high-visibility cases like attempted murder with CCTV proof, they usually act more quickly. But in routine residential disputes, they may show reluctance. The reason: neighbourhood politics, pressure from the accused's family, or fear of media backlash. They may try to downplay the offence as a "quarrel" or "accident." That is why it is crucial to have an advocate who pushes back, files complaints with senior officers, and approaches the court if the police drag their feet. Do not assume the police will do the right thing on their own.

Timeline of Legal Process

• FIR to Chargesheet: Usually 60-90 days. If the accused is in custody, the police must file a chargesheet within 60 or 90 days (depending on the offence's maximum punishment) or the accused gets default bail.
• Cognizance to Framing of Charges: 30-60 days after chargesheet. The Magistrate or Sessions Judge decides whether there is sufficient ground to proceed.
• Trial: 6 months to 2 years for serious cases. The prosecution will examine witnesses; defence will cross-examine.
• Judgment: After trial concludes. Could take 1-3 years from the date of FIR.
• Appeal: The losing party can appeal to the High Court (3-6 months for admission) and then the Supreme Court (additional time). Total process from FIR to final disposal can take 3-5 years in contested cases.

How Long Will the Investigation Take?

In a case like this, the investigation should be completed in 60-90 days. If the accused is in custody, the police face a deadline. If the accused is not arrested, the investigation can drag. Your advocate will push the court to set a deadline for the investigation and ensure the chargesheet is filed promptly.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

For an offence under Section 109 BNS (Attempt to Murder), the matter is non-compoundable. This means the parties cannot simply settle it and withdraw the FIR. The court will not allow it. However, if the court reclassifies the offence to a lesser charge (like grievous hurt under Section 118 BNS), it may become compoundable with court permission. In practice, even in non-compoundable cases, if the victim is satisfied and the accused shows remorse, the court may consider it a mitigating factor in sentencing. But do not expect a full withdrawal of the case. Mediation in criminal matters is rare for serious offences.

Common Mistakes People Make

• Engaging a general practitioner instead of a criminal law specialist. This is the single biggest mistake. A specialist knows how to argue for the correct BNS section, how to oppose bail effectively, and how to ensure the police file a proper chargesheet. General advocates may miss these nuances.
• Withdrawing the FIR under pressure. This destroys the case and emboldens the accused.
• Posting details on social media or speaking to the press. This can be used by the defence to claim prejudice or contamination of evidence.
• Failing to preserve digital evidence. CCTV footage can be lost if not backed up. Mobile footage needs to be saved on cloud.
• Not filing a complaint for police protection. If threats are real, ignoring them can lead to a counter-attack.

FAQs People Normally Have

Is this an attempt to murder or culpable homicide?

The key distinction is intention. If the act shows clear intention to kill (like throwing a heavy object from a height at the head), it is attempt to murder under Section 109 BNS. If the act is merely likely to cause death without specific intention, it is culpable homicide under Section 110 BNS. Your advocate should argue for the higher charge.

Can the police file a chargesheet without arresting the accused?

Technically, yes. But in non-bailable, serious offences, it is standard procedure to arrest before filing chargesheet. If the police don't, your advocate will oppose the chargesheet and demand arrest.

What happens if the accused jumps bail?

The court can declare them absconders, attach their property, and issue non-bailable warrants. This is a serious risk for the accused.

Can we get compensation?

Yes. The victim can file a separate civil suit for damages. Additionally, under Section 357 CrPC (now Section 450 BNSS), the criminal court can order compensation from the accused for medical expenses and loss of earnings.

What if the accused is a woman?

Gender does not reduce the gravity of the offence. A woman can be charged under the same sections, including attempt to murder. The law is gender-neutral here.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.